Summary: Mrs X complains the Council failed to offer her a property to resolve her family’s recent housing circumstances despite being in first place for the property after bidding ended. We have found no evidence of fault in the way the Council considered these matters so have completed our investigation.

The complaint

1. The complainant whom I shall refer to as Mrs X complains the Council has failed to offer her a property to resolve her family’s housing circumstances. Mrs X says the Council told her she was eligible to bid for three bedroomed properties. Mrs X has placed bids for three bedroomed houses, been in first position but then bypassed and not made an offer.
2. Mrs X complains she provided medical information for her homeless application and the Council delayed using the information to reassess her housing register application.
3. Mrs X considers she and her sons have been unfairly treated by the Council and its failure to offer them a larger property is causing distress and affecting their health conditions.

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What I have investigated

4. I have investigated Mrs X’s contact with the Council from January 2020 about her housing circumstances and homelessness application. The final part of this statement explains my reason for not investigating any concerns Mrs X may have about the way the Council has dealt with her homelessness applications before January 2020.

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The Ombudsman’s role and powers

5. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe the injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended)

6. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
7. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

8. I have read the papers submitted by Mrs X and spoken to her about the complaint. I considered the Council’s comments and the supporting documents it provided.
9. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

The Council’s Housing Allocation Policy

10. The Council’s Housing Allocation policy says:

‘The types of properties

To enable the best use of the Council and partner registered provider stock, properties will be allocated to those applicants who need that size and type of property.

As such, preference for houses with two or more bedrooms will be allocated to families with dependent children.’

Background information

11. Mrs X lives in a private rented property with her two adult sons. Mrs X is a full-time carer for one son due to his medical and mental health conditions and supports her other son who has mental health needs. Mrs X says the property is a small two bedroomed house, so she sleeps on the sofa in the living room to enable her sons to have a bedroom each.
12. Mrs X previously lived at a different property in 2007 and applied to join the Council’s Housing Register with her two sons. In 2014 Mrs X applied to the Council as homeless because her landlord served notice on her to leave the property. The Council accepted a full housing duty towards Mrs X and said it would make her one offer of suitable alternative accommodation. The Council advised Mrs X she may wish to find her own rented accommodation due to the high demand for social housing. The documents show Mrs X remained at the property.
13. In April 2017, the Council introduced a new allocations scheme for its Housing Register and choice-based lettings system. Mrs X applied to re-join for the Housing Register under the new scheme in April 2017 with her sons. Mrs X advised the Council her landlord had served another notice on her to leave the property by June 2017.
14. The Council awarded Mrs X band 2 for homeless priority and for care and support (need to move to give or receive care). The Council did not award Mrs X a band on medical grounds based on the information provided. Mrs X could bid for three bedroomed properties on the choice-based lettings system. The documents show Mrs X remained at the property until April 2018 when she moved into her current accommodation. The Council says Mrs X secured the private tenancy herself with a new landlord.

Key events leading to the complaint

15. In December 2019, Mrs X’s new landlord served a notice on Mrs X to leave the property as he wanted it back by 18 February 2020. Mrs X made a homeless application to the Council in January 2020.
16. A housing officer visited Mrs X in January 2020 to carry out a housing needs assessment. The Council did not take a homeless application as it found it still had a homeless duty to Mrs X from 2014. The Council says it has not discharged its duty to Mrs X as she has not been offered alternative accommodation. Mrs X supplied documents confirming her medical needs and those of her sons.
17. In the housing needs assessment, it noted Mrs X said she did not need temporary accommodation but if her circumstances changed, she would request it from the Council. The assessment noted Mrs X would continue to look for alternative private rented accommodation. Mrs X submitted changes to her housing application to the Council giving her current address.
18. The Council changed Mrs X’s address in its records and issued letters to her for her housing application in February and March 2020. The Council updated her application and awarded her band 2 for homeless priority and band 3 for overcrowding. The Council advised Mrs X she was eligible to bid for three bedroomed properties.
19. The Council awarded Mrs X band two homeless priority as it accepted the main homeless duty towards her. As such she was entitled to receive a suitable offer of accommodation to alleviate her homelessness. The Council told Mrs X it expected her to place a bid each week for up to two suitable properties. If Mrs X failed to do so the Council would place bids on her behalf.
20. In March 2020 Mrs X requested a review of her banding. Mrs X raised concerns she was suffering financial hardship. Mrs X said she provided medical information with her homeless application in January 2020 and the Council had not considered it for her housing register application. Mrs X also raised concerns about the poor condition of the property.
21. In May 2020, the Council reassessed Mrs X’s housing application with the medical information. It considered Mrs X should remain with band 2 for homeless priority and band 3 for overcrowding. The Council did not consider Mrs X provided information to show her current accommodation was causing her hardship.
22. The Council explained the basis for a medical award. This was if a person provided evidence their home was making the medical condition worse. Or it would be improved if they moved to a more suitable home in the opinion of a medical professional. The Council considered Mrs X’s information did not demonstrate her current accommodation was having a detrimental impact on to any household member’s health in the opinion of a medical professional. So, it did not award a banding on medical grounds.

Mrs X’s complaints to the Council

23. Mrs X complained to the Council as she was unhappy with its response to her housing situation. Mrs X said she had provided the medical information to the Council in January 2020 at the housing needs assessment. But this had not been passed to the housing service for her housing application.
24. Mrs X also complained she was told she was eligible to bid for three bedroomed properties. Mrs X said she had placed a bid for a three bedroomed house, was in first place but not shortlisted. Mrs X considered the Council acted unfairly by not offering her the house as she had an urgent housing need for the property. Mrs X said restrictions under the COVID-19 regulations meant her landlord had been unable to evict her in March 2020. But she was worried because the restrictions were being lifted and so her landlord could apply to court in August 2020 to get them to leave the property.

The Council’s response to Mrs X’s complaints

25. The Council explained Mrs X provided medical information for her homelessness application which was separate to her housing register application. The Council acknowledged a delay in transferring the medical information she provided in January 2020 to her housing application. It managed to acquire the medical information from the housing needs officer. The Council confirmed it used the information in May 2020 to reassess her application for a medical award, hardship, and her concerns about the condition of the property. But the information provided did not support awarding her any more priority. The Council said although it had delayed assessing the medical information, it did not generate a medical award. So, Mrs X had not lost out on time on the register or a band award.
26. The Council acknowledged Mrs X was in first place for the house. But explained an applicant’s bidding position after the close of a biding cycle does not guarantee the person will be shortlisted in the position they have finished in. This is because the Council may place an auto bid for other applicants. Once the bidding cycle has ended the Council carries out a desk top verification of the shortlisted applicants. This can mean that some of the auto bid applicants have a higher band award or been in the same band as Mrs X but for a longer time.
27. The Council explained in addition it did not shortlisted Mrs X for the house because of its allocations policy. This gives preference to families with dependent children under 18 for two or three bedroomed houses. This means if there is a family with dependent children within the same band who are lower than an applicant such as Mrs X based on award date, the family with dependent children would be shortlisted for the house. In Mrs X’s case because her sons are over 18, she would not be shortlisted for a three bedroomed house unless she was the only applicant from band 2.
28. The Council said Mrs X could be considered for any other type of property with three bedrooms. It advised Mrs X to look at flats and maisonettes to increase her chances of being shortlisted for a property. This is because of the high demand for three bedroomed houses. The Council advised Mrs X to widen her areas of choice and to look at other options such as private rental properties. The Council explained it could help her by placing assisted bidding for properties as well the help it could offer her to move into the private rental sector.
29. The Council says as Mrs X is a homeless applicant, she is eligible for one suitable offer of accommodation. If the Council places an auto bid for her and it is successful it will offer Mrs X the property. If Mrs X refuses the property, she will lose her band 2 homeless priority and will only maintain her band 3 award for overcrowding.
30. The Council says that after the notice has expired on her current property the landlord may apply for possession through the courts. If granted Mrs X will be given a period of time to move out. If she does not do so the landlord can apply for bailiffs to act. However, the ban on evictions and bailiff action under COVID-19 legislation has continued to be extended until 31 March 2021. The Council says if Mrs X feels she can longer remain at the property she can request temporary accommodation from the Council.

My assessment

31. The Council accepts there was a delay in transferring the medical information Mrs X provided for the homelessness application in January 2020 to her housing register application. While it was unfortunate there was a delay, I do not consider it caused Mrs X sufficient injustice to warrant me pursuing this issue further or making a finding of fault. This is because once the Council assessed the information it did not result in Mrs X gaining an increased medical or any other priority. So, Mrs X did not miss receiving an increased award for her housing needs or being a higher priority for rehousing.
32. The Council has advised Mrs X she can bid for three bedroomed properties. But although she can bid for three bedroomed houses and was recently in a high position after the bidding closed, she is unlikely to be offered the property. This is because of the Council’s allocations policy giving preference for two and the bedroomed properties to families with dependent children under 18. I recognise it will be disappointing for Mrs X not to be offered such properties when she is in a high position after bidding. But the documents show the Council has allocated the houses according to its allocations policy, so there is no evidence of fault by the Council.
33. Mrs X can bid for other types of three bedroomed properties to increase her chances of being shortlisted for accommodation. Alternatively, Mrs X can approach the Council for help to secure a private rented property.
34. The Council advised that while Mrs X has been served with a notice to leave her current property no action can currently be taken by her landlord until 31 March 2021. As Mrs X still has a current homeless application with the Council, she needs to contact it if she requires temporary accommodation. The Council still has a main housing duty towards her to assist her in being rehoused, either through the choice- based letting scheme or through other housing options she has been advised of.

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Final decision

35. I have completed my investigation. I have found no evidence of fault by the Council in the way it dealt with Mrs X’s housing circumstances from January 2020.

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Parts of the complaint that I did not investigate

36. I have not investigated any concerns Mrs X may have about the way the Council dealt with her homelessness applications since 2014. As paragraph six explains we cannot investigate late complaints unless we consider there are good reasons to do so. I do not consider there are good reason to investigate in this case. This is because it was open to Mrs X to have complained to us before now if she was unhappy with the Council’s handling of her earlier applications.

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Investigator's decision on behalf of the Ombudsman